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HomeMy WebLinkAbout2-4-99 BA MinutesBOARD OF ADJUSTMENT February 4, 1999 3:00 p.m. City Council Chambers Board Member Harris asked Mr. Tyrone Cooper, First Assistant City Attorney to explain the memo to the Board dated February 1, 1999. Mr. Cooper reminded the Board that File 420-BA was heard on December 3, 1998. Based upon the Board's decision, the applicant filed an appeal with the State District Court, which is a review of the Board's decision. The standard of the review is to determine whether the Board abused its discretion in making the decision that was made. The Court determines whether, based upon the guidelines or rules that the Board follows, the Board could have made the decision that it made. In the interim, the applicants had some new information that they wanted to present to the Board. As a result of that, Board Member Dohn Laffiche requested that the Board rehear the case, because the bylaws provide for a rehearing based upon new evidence. There is a letter from the landlord of that complex that is new evidence. The appeal in the State District Court is still pending. Mr. Cooper explained that the Board first needed to decide whether or not they wanted to rehear the case, which would mean waiving the 10 day requirement. Board Member Harris, acting as Chairman, called the meeting to order and asked for roll call. The following members were present: Board Member Bob Harris Board Member Dohn LaBiche Board Member Mary Jowers Board Member Alvin Cook Alternate Member Lamar Roach Alternate Member Lynn DeMary Alternate Member Ed Orr Board Members absent: Board Member Glenn Bodwin Alternate Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary. BOARD OF ADJUSTMENT February 4, 1999 APPROVAL OF MINUTES Board Member Orr asked whether or not referral to an owner identification sign was correct, even though it was a tenant identification sign, Mr. Cooper determined that the term owner identification sign was correct. Board Member Roach made a motion to approve the minutes of the December 3, 1998 Board of Adjustment Public Hearing. Motion to approve carried 5:0. NEW BUSINESS Board Member DeMary seconded the motion. Board Member Harris told the Board that they must now decide whether or not they would like to rehear File 420-BA. Board Member Cook said that he was not present at the December meeting and would like to hear the specifics of the case. In response to Board Member Roach, Mr. Cooper said if the Board rehears the case and grants the variance, the appeal would be dismissed. If the variance was denied, the appeal would go forward. Board Member Jowers; asked if the Board could proceed even though Board Member LaBiche was absent. Mr. Cooper said technically it did not matter because his motion was in the form of the letter to the Board. Board Member Harris stated that this is the third case that the Board has heard from that location. The first one was for Regents Park, the building itself and a waiver was granted to put a monument sign closer to the property line that what is permitted because it had the address of the building on it. The second request was from Packard & Packard law firm, who requested a variance. That variance was denied. Since then, they have elected to put the name of their firm on top of the Regents Park monument sign. This subject request, presented in December, is for another monument sign which would be the second monument sign at that location. At the December meeting, a motion to approve the request died for lack of a second. Another motion to deny the request passed 3:2. 9 BOARD OP ADJUSTMENT February 4, 1999 Board Member Cook made a motion to rehear File 420-BA, based on new evidence, Board Member DeMary seconded the motion, The vote on the motion to rehear File 420-BA is as follows: Board Member Harris - No Board Member Jowers - Yes Board Member Cook - Yes Board Member Roach - Yes Board Member DeMary - Yes The motion to rehear passed 4: 1. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 420-BA: A request for a variance to the setback regulations for an owner identification sign in an HI (Heavy Industrial) District. The applicant asks for a 4' setback from the front property line. The regulations require a 10' setback. Location: 85-87 IH-10 North (Regents Park) Applicant: E. Jay Sherlock for J. S. Edwards and Sherlock Insurance Agency Mr. Richardson told the Board that the variance request was to allow the applicant to construct a 2'6" x 6' brick monument sign 4' from the front property line instead of the required 10 feet. The J. S. Edwards and Sherlock Insurance Agency wishes to install a 2' 6" x 6' 0 " brick monument sign in front of 85 IR-10 North. The complex consists of Buildings I and II. The insurance agency is located in Building II, which is located at the rear of the property. Sign regulations allow signs up to a maximum height of 50 feet. A 10' setback is required. The applicants want to place their sign 4' from the property line which is 18' back from the curb of the service road of the freeway. The applicant states that at 10 feet, the sign would be obstructed by trees, utility poles and other signs. ig BOARD OF ADJUSTMENT February 4, 1999 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the variance have been met. Slides of the subject property were shown by Mr. Richardson. (Board Member LaBiche arrived.) It was determined at this time, that Alternate Member DeMary would still participate in discussion but not vote. Nine notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned to staff. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Charles Goehringer, attorney for J. S. Edwards and Sherlock Insurance Company, addressed the Board. He distributed some photos of the subject property and answered questions from the Board. Mr. Goehringer said that at the request of the applicant, the manager of Regents Park is present and available to answer any of the Board's questions regarding signage. The subject request is the only sign Regents Park is going to allow. They will not allow any more signs, any elevated signs or the existing sign to be enlarged. If the request from J. S. Edwards & Sherlock is approved, enlarging the sign will not be permitted. Regents Park is not permitting any other tenant, including J. S. Edwards to place their name on the existing sign, which is the reason for the request. Board Member Harris asked for comments in favor or in opposition. Mr. Mike Barnett, Manager of Regents Park Office Building, addressed the Board. Mr. Barnett reiterated that Regents Park will not allow any more signs in the future. Mr. Barnett answered questions from the Board, Board Member Harris closed the public hearing. Discussion between Board members followed. Board Member LaBiche made a motion to approve the variance for an owner identification sign at 85-87 III-10 North as requested in File 420-BA. Board Member Jowers seconded the motion. V BOARD OF ADJUSTMENT February 4, 1999 The vote on the motion to approve File 420-BA is as follows: Board Member Harris - No Board Member Cook - No Board Member LaBiche - Yes Board Member Jowers Yes Board Member Roach No The motion to approve failed 3:2. OTHER BUSINESS Board Member Roach asked about the status of the proposed changes to the Board's Bylaws. Mr. Richardson replied that staff plans to workshop it with City Council within the next month. 0 111 M9 DIO 01 WE"aIJ 01IJ "A V,I WMI-101, I Q xXM III DI 05 1 9